2016 N.J. LEXIS 855, *

In PUGLIA v. ELK PIPELINE, INC., A-38 September Term 2014, 075171 2016 N.J. LEXIS 855 (August 16, 2016), the plaintiff complained of a reduction in his wages and that of co-workers. The dispute was resolved but shortly thereafter, he was laid-off. He filed a complaint alleging, inter alia, a violation of the Conscientious Employee Protection Act. Although the Court’s decision deals primarily with federal pre-emption issues, it concluded that a collective bargaining agreement cannot be used by an employer as a defense to a CEPA claim. The found that whether the plaintiff was terminated because of his complaints was a fact question and summary judgment should have been denied.